HomeMy WebLinkAbout1995-02-14 WSB AGENDA1.
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
FEBRUARY 14, 1995
5:00 p.m.
Conference Room A
MINUTES OF THE JANUARY 10, 1995
WATER AND SEWER BOARD MEETING. (ATT. 1)
GUEST -TOM ROTUNDA, 3003 W. MONMOUTH
COMPLAINT REGARDING HIGH WATER BILL SINCE
CONVERTING TO METER.
MEMO TO DOUG CLARK DATED 1-12-95 (ATT. 2)
RE: WATER METERING.
DEC. 20, 1994 MINUTES OF BOARD OF WATER
COMMISSIONERS (ATT. 3)
LETTER FROM DAVID HILL DATED 1-12-95.
RE: ENGLEWOOD/AMAX SUIT (ATT. 4)
PROPOSED TURNAROUND ON ENGLEWOOD RIGHT-OF-WAY.
(ATT. 5) .
OTHER.
A TT. I
WATER AND SEWER BOARD
MINUTES
JANUARY 10, 1995
The meeting was called to order at 5:03 p.m.
Chairman Fullerton declared a quorum present.
Members present:
Members absent:
Also present:
Fullerton, Gulley, Neumann,
Vobejda, Wiggins, Burns,
Habenicht, Resley
Lay, Otis, Burns
Stewart Fonda, Director of
Utilities
David Hill, Water Attorney
1. MINUTES OF THE NOVEMBER 15, 1994 MEETING.
The Englewood Water and Sewer Board Minutes from the
November 15, 1994 meeting were approved as written.
Mr. Vobejda moved;
Mr. Wiggins seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the November 15,
1994 Englewood Water and Sewer
Minutes as written.
Habenicht, Fullerton, Neumann,
Resley, Vobejda, Wiggins
None
Burns, Lay, Otis
2. LETTER FROM HILL & ROBBINS DATED 11-22-94 RE:
MITIGATION OF PENALTY ASSESSED BY COLO. WATER QUALITY
CONTROL DIV.
Stu discussed the letter received from Mark Wagner of Hill
and Robbins informing Englewood of Colorado Water Quality
Control Division's decision to reduce the fine from $232,036
to $81,212. Stu noted that t h e fine can be spent for
environmental enhancement pro j ects on a ratio of 2:1.
3. "GOVERNMENT AFFAIRS UPDATE "
Stu discussed an article from the December, 1994 Government
Affairs Update entitled, "Coa l ition preparing for early SOWA
bill." The article discusses AWWA's part in preparing a
SOWA reauthorization bill for introduction in mid-January.
4. GUEST: DAVID HILL -CHR I SMAN, BYNUM & JOHNSON
Mr. Hill appeared before the Board to discuss the status of
negotiations with the Denver/AMAX. Mr. Hill reviewed
possible settlement options.
The Board adjourned at 6:05 p .m.
The next Water and Sewer Board meeting will be February 14,
1994 at 5:00 p.m. in Conference Room A.
Respectfully submitted,
Cathy Burrage
Recording Secretary
A TT. 2..
M E M 0 R A N D U M
To: Doug Clark, Citi Manager
From: Stu Fonda, Director of Utilities
Date: January 12, 1995
Subject: Water Metering
When a propert y is transfer r ed from flat rate water to
metered water, the change is permanent. This is not an
ord i nance, but has been Departme n ta l polic y .
The reasons for this po l i cy are several:
1 ) We are under a State mandated deadline of 2005 to ha v e
a ll customers on meter. To allow someone to switch back to flat
rate wo uld wor k against our efforts to comp l y.
2 ) It is not in the best interest of the City to bac k
pedd l e on conser v ati o n issues , o f which metering is one.
3 ) We warn an y one wh o v o lu ntarily converts from flat rate
that there is no turning back.
4 ) The flat rate system is not an equitable system. To put
someone back on flat rate perpetuates a poor system.
5 ) As customers go on me t er, water usage drops. This
resu l ts in lower peak demand during the summer months. We, then,
don't ha v e to go to the considerable expense of adding treatment,
storage, or distribution capacity. As a result, we can keep
rates down.
6) Ultimately, when the entire City is metered, it is
estimated that we will save 1000 to 2000 acre feet of water.
This makes our system less subject to potential water rationing
and allows greater flexibility in marketing surplus water. It
also reduces future needs to develop wells and other raw water
sources.
~:\m e t e r s ~w b c :c ~:e n 4 ~p5 .1
RECORD OF PROCEEDINGS
Minut es
of the
Board of Water Commissioners
A TT., 3
9 . ITEM V -A -9 CONTRACT FOR LEASE OF XEROX COLOR LASER
PRINTER:
Approved the lease of a Xerox 4850 Color Laser Printer with service agreement
necessary for printing water bills at a net cost to the Board of $115 ,200 for a 60
month period .
In consideration of this matter, Mr. Jordan reported that because of daily
billing , the Department is now print ing customers bills on a different schedule , and
that the existing Xerox Laser Printer, which the Department had been using since
December, 1986, had become prob lematic due to the frequency of maintenance down
time.
10. ITEM V -A -10 CHANGE ORDER NO. 1 TO SP 94-7 FOR
MAINTENANCE OF THE HYDRO PLANT AT STRONTIA SPRINGS:
Approved Change Order No. 1 to Contract SP 94-7 (Maintenance of the .
Hydroelectric Plant at Strontia Springs Hydro Plant) with USA Construction, Inc., in
the amount of $33,940, in order to replace the 24 wicket gates and facing plates with
stainless steel components , and granted a time extension of 21 days in order to make
the necessary repairs to the hydro powe r unit , due to the excessive corrosion found on
the unit during the maintenance inspec tiQn.
1 1 . ITEM V -A -11 RATIFICATION OF CONSTRUCTION CONTRACT
CHANGE ORDERS:
Ratified the actions taken by the Manager regarding certain Change Orders as set
forth in Exhibit "D" which is attached and incorporated in these Minutes.
12 . ITEM V -B -1 WATER AGREEMENT WITH CENTENNIAL WATER
AND SANITATION DISTRICT:
M' 715 ¥~ Approved execution of the Water Agreement, which is attached hereto as Exhibit "E"
and incorporated in these Minutes , with the Centennial Water and Sanitation District.
December 20, 1994 .
Page 6
RECORD OF PROCEEDINGS
M inutes
of the
Board of Water Commissioners
In consideration of this matter, Ms . Wells advised the Board that the
Agreement which had been in negoti ati on for more than a year includes a raw water
lease of 1, 000 acre feet to be provide d in annual 100 acre foot increments over the
next ten years , payment of a raw wate r SDC inflated by the consumer price index, an
agreement for carriage of water in the H igh Line Canal for the Centennial District,
and the agreement to deliver to Centennial up to 1,200 acre feet of raw water over a
four year period to be used in Centennial's aquifer storage and recovery pilot project.
The Agreement also includes provisions for an emergency interconnect and pennits
Centennial to take treated water throu gh the emergency interconnect, rather than as
raw water, for the first five years of the ten year period. Centennial has agreed to a
waiver and recision of claims under the Platte and Metro Agreements .
President Farbes then recognized William R. McLoud, Water Resources
Manager for the Centennial Water and Sanitation District who thanked the Board for
the work that staff had undertaken to bring the Agreement to completion. Mr.
McLoud expressed the appreciation of the Centennial District for the Board 's
Agreement and expressed interest in work ing together with the Board in the future to
bring to completion other water resource related issues.
President Farbes then noted that the Agreement was a significant
accomplishment for the Board and ev ide nced a change in relationships between the
Board and other water provider entities . President Farbes thanked the staff for the
efforts which it had undertaken to bring the Agreement to completion. Conunissioner
Pascoe noted that the Agreement with Centennial was different from those which
would be acted upon by the Board fo r the City of Broomfield or the Southgate Water
District, as the Board had not until this time had any agreement with Centennial for
the delivery of water and that the Agreement was necessary in order to fix obligations
with regard to disputes between the entities .
13 . ITEM V -B -2 TREATED WATER LEASE AGREEMENT WITH THE
CITY OF BROOMFIELD:
Approved execution of the attached Treated Water Lease Agreement with the City of
Broomfield (Exhibit "F" attached to and incorporated in these Minutes).
December 20, 1994
Page 7
Mr. David Hill
Chrisman Bynum & Johnson
1900 15th Street
Boulder, Colorado 80302
Dear David:
January 12, 1995
A TT. Y.
602 Pa.rR. Ebint Dr. Suite 275
Golden, Colorado 8040 J
FAX (303) 526-2624
(303) 526-2600
Re: Englewood-AMAX Suit
AMAX Property Taxes
Job No. 159.6
Enclosed are copies of Grand County 's property tax statements against AMAX's interest
in the Englewood Ranch Creek Collection System. These cover the 1973-1993 period.
Although we reviewed tax records coveri ng the years 1963 through 1993, we could not
obtain copies of the records prior to 197 3 because of a staff shortage at the Grand
County Treasurer's Office, and the fact that the staff was extremely busy preparing 1994
tax statements for mailing.
The first year of an AMAX tax statement for items related to the Englewood System was
1969 for a small parcel of land owned by AMAX and deeded to Englewood in 1969, on
which a portion of Meadow Creek Reservoir was constructed. AMAX owned a number
of other small properties in the general v icinity of the Ranch Creek System, and paid
property taxes on the lands (as opposed to "improvements") for a number of years prior
to, and after, 1973. With the one exception described above, none of those properties
were included in the construction of the R anch Creek System, and thus were not
reflective in the taxes levied against AMAX for "improvements" to the system.
The 1973-1993 statements reflect tax assessments against general improvements to the
Ranch Creek System, and were paid by AMAX. It is our understanding that, in the case
of the Ranch Creek System, "general improvements" refers to the actual constructed
system. The County began levying taxes against AMAX for general "improvements
during 1973, payable in 1974. These i mprovements · were on lands located in Sections 12-
15, 22, 26, 27, 28, 34, and 35 of Township I North, Range 75 West and Sections
2,3, 11, 14,22, 23, and 24 of Township I So uth , Range 75 West. These legal descriptions
correspond to the locations of Meadow C r eek Reservoir, interceptor conduits, and the
main conduit from Meadow Creek southward to the interconnection with Denver's
Mr. David Hill
Page 2
January 12, 1995
system. The total amount of taxes paid by AMAX in 1974 (for the year 1973) was
$38,412.88. Table 1 is a summary of taxes paid by AMAX for the Ranch Creek System,
and covers the years 1973 through 1993 (i .e ., tax years , with taxes paid the following
years). As can be seen, taxes levied agai n st AMAX increased sharply the first three
years, during the period when the system was being constructed, and then reached a
fairly steady level after completion of the system in 1975.
Actual value of the improvements "owned" b y AMAX as o f 1993, is calculated to be
$7 ,225,000 (actual value = assessed value divided by 0 .29), based on discussions with
County staff. This would presumably mean that the entire improvements would be
valued by Grand County at approximately $16,056,000(=$7,225,000divided by AMAX's
45 % "ownership"). This may or may not be correct, it is also possible that the County is
levying taxes against Cyprus for 100 % of the value of the Englewood System.
JTW:fb
Enclosures
cc: Mr. Bill Bates, P.E. w/encs.
Very truly yours ,
Tom Wood, P.E.
esident
TABLE 1
ANNUAL "IMPROVEMENT" TAXES PAID BY AMAX ON THE RANCH CREEK
SYSTEM TO GRAND COUNTY , COLORADO
YEAR PROPERTY COUNTY
TAXES TAX SCHEDULE ASSESSED TAXES PAID
LEVIED NUMBER VALUATION (1) BY AMAX (2)
1973 35-81 $577,290 $38,412.88
1974 35-81 $628,000 $46,170.56
1975 35-81 $1 ,310,230 $62,511 .07
1976 35-81 $1,495,840 $70,334.40
1977 35-81 $1,456,690 $68,974.27 .
1978 35-81 $1,208 ,810 $60, 102.03
1979 35-81 $1,129,730 $73,873.04
1980 35-81 $1,129,730 $74 ,031.21
1981 35-81 $1,131,560 $77,449.62
1982 35-81 $1 ,131,560 $88 ,189.26
1983 35 -81 $1 ,486 ,660 $111 ,132.28
1984 35-81 $1,486 ,660 $114,923.28
1985 35-81 $1,486,660 $115,840.54
1986 35-70560 $1,486 ,660 $117,562.10
1987 35-70560 $2 ,240 ,700 $85,301 .20
1988 35-70560 $2,240 ,700 $99,428.82
1989 35-70560 $2,095 ,250 $142 ,296.80
1990 35-70560 $2 ,095 ,250 $143,868.24
1991 35-70560 $2 ,095 ,250 $158 ,597 .84
1992 35-70560 $2 ,095,250 $151,436.28
1993 35-70560 $2 ,095,250 $151,260.28
NOTES :
1. TAKEN DIRECTLY FROM GRAND COU NTY TAX RECORDS
2. TAXES WERE PAID BY AMAX DURING THE FOLLOWING YEAR
AFTER THEY WERE LEVIED
01/30/95 18:06 AT T. 5 si002
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. ·. I am writing to follow-up <m my letter of l anuary 9 ,i 995 ,. to.· which you have noc
. · • yet resixmded .. • If your clicrits . still wish to build an eme~gency vehicle r:Uqiaround .. ·-
.. ·which encroaches upon Englewood •s ·Forest Service R.iiht~f~ Way · for · its . Rarich . . . . .
• Creek :collection : syStem, we ask · that your . c~ielltt· submit · for .. EngleWoo~rs:-~~.;_-. -..... "
. consideration plans of structures . that w~uld be constructed ·10 ensure theit µse ' ofthe.·.i.. -~ .. L~·
. turnaround would not cause damage tO EnglewoOd 's stnictures. ·Tiie plan ~h~~w~--~~ ·~~ .•
. be prepared by . a prnfession.cil .;engin~. · . Assuming . thatyoW-~li~ts are willingJO.. ~ ..... > .:~ ..
·construct, at .. their 9wn ex~·. whatever slI'UCtures .are neces.ciry to :erisure Ur.it ·-.. .;. •. ~~~ ..
use of the turnaroUnd will. no ~ threaten the integrity ofEnglewoo<fs sy~tern, and .~ '-: ':.~·~.
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·. that they are willing to acknowledge their liability for any damage that may ~C~!~. -~~. ~~ ... ~ .
. . Englewood is Willfr>.g to . consider your clients, propoSal for constructio1t of ·a . . .
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::. :-:-~·--. ··~· .. :-··-" .· I look forward t9 hearing from you. . ..... ....._ ...... --:---.-.
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· ·. Best regards, ' . . . . .. ',
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